Jagmohan Lal Sinha, J. - (1.) This is an appeal against the judgment and order dated 27th February 69 passed by Temporary Civil and Sessions Judge Bulandshahar convicting Ram Singh appellant of the offence u/S. 396 IPC and sentencing him to ten years RI. The prosecution case shortly stated was as follows: On the night between 4th & 5th April 68 near about midnight six dacoits armed with firearms and other lethal weapons raided village Ganjha PS Bisrikh. They first entered the house of Ghafoor and looted the property there Ghafoor had been inflicted several injuries as a result of which he later on died. His wife Smt. Chhotan was also beaten by the dacoits. Having looted the house of Ghafoor the dacoits entered the house of Dalpat PW 1 and looted it. By this time a number of village people came out of their houses and took position near the house of Dalpat. They pelted brickbats on the dacoits and also flashed their torches in their direction. Some people set fire to the thatch of Manik Pradhan which created brilliant light. When the dacoity was still going on two license -holders of Shahpur arrived and they fired shots in the direction of the dacoits looting the house of Dalpat. Having been thus pressed by the village people the two dacoits standing guard outside the house ran away. A little latter two other dacoits came out of the house and tried to run away but they were apprehended by the village people. Ram Singh was one of them. It is alleged that the village people mustered courage to bolt the house of Dalpat from outside when the remaining two dacoits were inside. They however continued to fire from inside the house and did not surrender. The license -holders of village Shahpur therefore climbed over the roof of Dalpat's house and having bored a hole in that roof fired into the Katha in which the two dacoits were present. In the meantime some village people unbolted the door and inflicted a beating to the dacoits with lathis. Thus those two dacoits were also apprehended. Since they had received severe injuries they died ten or twenty minutes after they were apprehend.
(2.) A report about the incident was lodged at PS Bisrikh on 5 -4 -68 at 6.30 A.M. A distance of six miles intervened between the place of occurrence and the Police Station.
(3.) Sri O.P. Tyagi PW 10, who was then S.O. Police Station Bisrikh took over investigation of the case immediately after the report was lodged. He reached village Ganjha near about 8 A.M. and found the dead bodies of the two dacoits lying inside the house of Dalpat. Having prepared inquest report and other relevant papers he sent the dead bodies for postmortem examination. Dr. B.N. Tondon PW 11 conducted postmortem examination on the dead bodies of the two deceased dacoits namely Khazan and Budha. The Doctor found several injuries on the person of the two dacoits which included lacerated wounds, contusions besides one gunshot wound on the person of Khazan and two gunshot wounds on the person of Budha.;